New Jersey Child Injury Lawyer
Learning that your child has been hurt in an accident and there was nothing you could have done to prevent it is one of the worst experiences any parent can have. It can be even more upsetting to learn that your child was only injured because of misconduct by an adult who should have acted responsibly—a scenario which, unfortunately, our personal injury attorneys are familiar with.
While money alone cannot completely erase the pain and trauma a serious childhood injury may cause, taking proactive legal action can be key to minimizing the long-term physical, financial, and psychological effects of that injury. If you want to explore your options or have questions about what to do next, a New Jersey child injury lawyer from Garces, Grabler, & LeBrocq could provide the legal guidance and personal support you need.
Are There Unique Rules for Child Injury Lawsuits?
For the most part, filing a civil lawsuit over an injury suffered by a minor child works the same as filing suit over an injury suffered by an adult. In both scenarios, civil liability for the injury typically revolves around negligence, and more specifically, around proving a reckless or careless act by the person being sued was the main and direct of the injury.
However, since children under 18 cannot legally represent themselves in court, the plaintiff in a New Jersey child injury is technically a parent, guardian, or legal representative for that child filing suit on their behalf. As a New Jersey child injury attorney could further explain, people who sue on behalf of children like this are required by law to act solely in the child’s best interests rather than their own. There are strictly enforced restrictions on how they can negotiate for settlements and how they must handle any funds recovered on a child’s behalf until that child is old enough to take possession of the money themselves.
Holding a Negligent Adult Liable for Injuring a Child
Another unique aspect of child injury litigation is that there are some situations where an adult could be legally liable for a child’s injury when they would not be liable for an adult’s injury occurring under the same circumstances. One of the most common ways in which this manifests is through the attractive nuisance doctrine, which applies specifically to cases pursued under premises liability law.
Normally, property owners are not legally liable for accidental injuries sustained by adults who are illegally trespassing on their property. However, if a landowner fails to secure an attractive nuisance, like a swimming pool and a curious minor can access it without supervision, a child injury lawyer in New Jersey could potentially help sue over any injury that child suffers while trespassing on or near that unsecured hazard.
Contact a New Jersey Child Injury Attorney for Assistance
Ideally, no child would ever suffer a serious injury under any circumstances, and certainly not because an adult around them acted in a reckless or careless way. In reality, negligent adults injure people of all ages—and without support from a capable and compassionate legal professional, you may have serious trouble getting the compensation your child needs.
A New Jersey child injury lawyer from Garces, Grabler, & LeBrocq will be the steadfast ally you need to effectively enforce your family’s rights. Call today to discuss your options.